James Spencer Hagelston
James Spencer Hagelston, 41, will return to the Manteca courthouse Thursday to be taken into custody. He will also have to register as a sex offender for life.
Hagelston pleaded no contest to the felony charge of possession of child pornography.
“Possession of child pornography is a serious crime, and there are serious consequences,” District Attorney Robert Martinelli said.
The 16-month sentence was part of the settlement Martinelli offered Hagelston earlier this month. Judge Robert Baysinger told Hagelston the sentence is on par with what he would get without the settlement. Baysinger said a plea of no contest is basically the same as guilty.
Because Hagelston’s offense was not a “strike” charge, he will be eligible for parole halfway through his sentence, Baysinger said. That parole could last four years. Baysinger said that if Hagelston violates parole, he could receive a year in state prison for each violation.
“Although this is a significant charge, the state Department of Corrections is about as full as the county jail, and they typically release people on a parole status,” Baysinger said.
Hagelston, who appeared in the courtroom out of custody on a bail bond, said he worries about not getting proper treatment for sleep apnea while in prison.
Baysinger said he was unsure whether Hagelston would be able to use a machine that assists with breathing while asleep, as it might disturb other inmates, but it wasn’t his decision.
“My only concern has been the issue that we brought up just recently regarding a medical condition that I have, sleep apnea, and getting treatment for that, which is something I use every night,” Hagelston told Baysinger. “That’s a significant concern of mine.”
The case was slated to start at 1:30 p.m., but Baysinger heard the arraignment cases of about half a dozen people in custody before calling Hagelston’s case at 3 p.m. Baysinger met with Hagelston’s attorney, Mary Ann Bird, and Martinelli. Bird spoke with her client outside the courtroom for another 15 minutes before the case began.
Hagelston’s hearing, the final one of the day, lasted about 15 minutes.
Tracy police arrested him Feb. 17 after an investigation. Hagelston at one time coached a 10-and-under Tracy Express softball team, and his wife ran a day care service out of their home until Jan. 1.
Martinelli said investigators found evidence from June 1 to December 31 of images and videos on Hagelston’s computer depicting children having sex. Tracy police Detective Nate Cogburn said in March that some videos showed men having sex with girls younger than 10. Hagelston was arrested, Cogburn said, because of his proximity to children.
Contact Tracy Press reporter Justin Lafferty at 830-4269 or jlafferty@tracypress.com.
Children are abused and exploited every day to product the images and videos this creep downloaded.
IMO, he is just as guilty of committing the crime himself.
He should be locked away for the rest of his life.
No one and I mean NO ONE who didn't or even thinks they didn't commit a crime takes a DA's plea unless they know a Jury or Judge's trial is all bad.